Jennifer Frank v. Ali Noureddini, Olifate Nouredinni, et al. - Concurring
01A01-9601-CH-00044
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The Plaintiff, Jennifer Frank, has appealed from summary judgment in favor of the Defendants, American Realty Company, Terry Stephens, Lee  Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in favor of Plaintiff and against the Defendant, Ali Noureddini in the amount of  $50,000. Other captioned Defendants are not involved in this appeal.

Lisa Griggs, v. James P. Mixon, Jimmy R. Worsham, Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee
02A01-9504-CV-00087
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Kay S. Robilio

This is a governmental tort liability case arising out of an automobile collision. Defendants, James P. Mixon; Gene Barksdale, Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee, appeal from the judgment of the trial court awarding plaintiff, Lisa Griggs damages for personal injury. Under the Tennessee Governmental Tort Liability Act as it existed in 1985, governmental entities could not be tried by a jury, T.C.A. § 29-20-307. Subsequently, prior to the 1994 trial, the case was bifurcated to allow the nongovernmental defendant a jury trial. Thus, Worsham is not a party to this appeal.

State of Tennessee vs. Graple Simpson
02C01-9601-CC-00016
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Joseph H. Walker, III

The appellee, Graple Simpson, was indicted for possession of a schedule II narcotic with the intent to sell. Following a summary administrative forfeiture, the appellee moved the trial court to dismiss the criminal charge. She argued that the double jeopardy clause prohibited further criminal prosecution. The trial judge granted the appellee's motion and the state appealed. We reverse and remand.

Scarlett J. Love v. College Assessment Services Inc. and Nursing Careers, Inc.
03S01-9510-CV-00118
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Conrad E. Troutman, Jr.

The plaintiff, Scarlett Lay Love, appeals from the denial of her motion to dismiss, the motion being predicated upon the alleged failure of the defendants, College Level Career Services, Inc., and Nursing Careers, Inc., to perfect an appeal from the general sessions court to the circuit court within the ten-day period provided for in Tenn. Code Ann. § 27-5-108. The sole issue for our determination is as follows: whether a facsimile (fax) transmission of a notice of appeal and appeal bond, sent by the defendants to the clerk of the general sessions court on the final day on which an appeal could be taken, is sufficient to perfect the appeal. For the following reasons, we conclude that the facsimile transmission was not sufficient to perfect the appeal; therefore, we reverse the judgment of the Court of Appeals.
 

State of Tennessee v. Derek Denton
02C01-9409-CR-00186
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge W. Fred Axley

The defendant, Derek C. Denton, appeals as of right from his convictions by a jury in the Shelby County Criminal Court for aggravated burglary and aggravated assault, Class C felonies, and criminally negligent homicide, a Class E felony. As a Range I, standard offender, he received six-year sentences and was fined $10,000 for each of the aggravated burglary and aggravated assault convictions and a two-year sentence and $2,500 fine for the criminally negligent homicide conviction. The defendant was ordered to serve each sentence consecutively, for an effective sentence of fourteen years, in the local workhouse. The defendant presents the following issues for our review: (1) whether the evidence was sufficient to support the defendant's convictions; (2) whether the trial court properly charged the jury on circumstantial evidence; (3) whether the trial court properly charged the jury on the prosecution's burden of proof; and (4) whether the defendant's sentence was excessive.  We conclude that the trial court erred in ordering the defendant to serve his sentences consecutively. The trial court did not make sufficient findings, and the record does not support consecutive sentences. There is no indication from the circumstances surrounding the offenses that consecutive sentencing is necessary to protect society from the defendant or that upon release he will be unwilling to lead a productive life and resort to criminal activity. See id; Gray v. State, 538 S.W.2d 391, 393 (Tenn. 1976). In consideration of the foregoing, the defendant's convictions and sentences for aggravated burglary and criminally negligent homicide are affirmed. His conviction for aggravated assault is modified to assault, and a sentence of eleven months and twenty-nine days with a seventy-five percent release eligibility date imposed. All three sentences, though, shall be served concurrently to each other.

David Randall Safer, v. Micki Jo (O'Fiel) Safer
01A01-9601-CH-00018
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Tom E. Gray

Petitioner, David Randall Safer, and respondent, Micki Jo O'Fiel Safer, divorced in January 1994 after eleven years of marriage. The court granted respondent the divorce on the ground of irreconcilable differences. The parties had entered into a Marital Dissolution Agreement ("MDA") which the Final Decree of Divorce incorporated. The MDA provided that petitioner and respondent would have joint custody of their two minor children, Joseph ("Tyler") age five and Samuel age two, and that the primary placement of the children would be with respondent.

Jo Ann Beach Hedge, v. John Henry Hedge, III
01A01-9603-CH-00109
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Tom E. Gray

In this post-divorce action for modification of alimony the appellant asserts that the appellee failed to prove that she had experienced a material change of circumstances since the original award. We agree and reverse the order modifying the award.

Robert P. Hoover and wife, Donna D. Hoover v. Metropolitan Board of Housing Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee
01A01-9602-CH-00085
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

This suit was originated by a petition for certiorari to review the administrative order of the Metropolitan Board of Housing Code Appeals requiring the demolition of substandard improvements on six tracts belonging to Plaintiffs. The Trial Court reversed the order as to three of the tracts which are not involved in this appeal. The Trial Court affirmed the demolition order as to three of the tracts, and Plaintiffs appealed and have presented the issues for review in the following form:

State of Tennessee v. John V. Woodruff
01C01-9507-CR-00217
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Presiding Judge J. Randall Wyatt, Jr.

A Davidson County Criminal Court jury found Appellant John V. Woodruff guilty of felony murder, especially aggravated robbery, especially aggravated kidnapping, and first degree murder. Appellant received a life sentence for each murder conviction and a twenty year sentence for both the especially aggravated robbery conviction and the especially aggravated kidnapping conviction. The life sentences were ordered to run consecutive to each other, and the sentences for robbery and kidnapping were ordered to run concurrent with each other and with the life sentence for first degree murder. In this appeal as of right, Appellant presents the following issues for review:(1) whether the trial court erred in allowing the introduction of evidence of sexual assault upon one of the victims; (2) whether the trial court erred in denying a request for a jury instruction on the lesser included offense of criminal attempt to commit especially aggravated robbery; (3) whether the evidence presented at trial is legally sufficient to sustain convictions for especially aggravated robbery and first degree murder; and (4) whether the trial court erred in ordering consecutive life sentences.

State of Tennessee v. Terry Bowen - Concurring
01C01-9505-CC-00158
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge W. Charles Lee

I concur in the results reached and most of the reasoning used in the majority opinion. However, although I agree that the collateral fact rule essentially remains viable through Rule 403, Tenn. R. Evid., I question its use in this case relative to the appellant’s attempt to impeach Mr. Farrar’s testimony through extrinsic evidencethat Farrar’s son had previously been charged with the appellant and that his son’s charges had been retired on motion of the state.

State of Tennessee v Terry Bowen
01C01-9505-CC-00158
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge W. Charles Lee

The appellant, Terry Bowen, was convicted of theft over $1,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a multiple offender and imposed a Range II sentence consisting of confinement for eight (8) years in the Department of Correction. This sentence is to be served consecutively with the sentences imposed in three prior cases.

Vickie Lee Patterson v. Btr Dunlop, Inc., d/b/a Huyck-Formex
03S01-9507-CH-00082
Authoring Judge: Houston M. Goddard, Special Judge
Trial Court Judge: Hon. DENNIS H. INMAN

Larry H. Mull v. Transport South, Inc.
03S01-9512-CV-00135
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. L. Marie Williams
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with TENN. CODE ANN. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee/plaintiff injured his right arm while working as a truck driver for defendant. The trial judge awarded plaintiff 12 percent disability to the right arm. We find that the evidence preponderates against an award of 12 percent and in favor of an award of 2 percent permanent partial disability to the right arm and we affirm the judgment of the trial court as so modified. On February 19, 1993, Plaintiff was trying to pry loose a stuck fuel valve on the employer's fuel truck so that he could fill the truck with jet fuel when his wrist "popped" and started tingling. He went to the emergency room that day for treatment, where he was given a forearm splint. Three days later he saw orthopedic surgeon Dr. Alan Odom, who placed plaintiff on light duty for ten days and told him to 2

03C01-9401-CR-00010
03C01-9401-CR-00010
Trial Court Judge: James E. Beckner

01A01-9511-CV-00529
01A01-9511-CV-00529
Trial Court Judge: William C. Koch

01A01-9512-CV-00576
01A01-9512-CV-00576
Trial Court Judge: Muriel Robinson

01A01-9601-CV-00006
01A01-9601-CV-00006
Trial Court Judge: Thomas Goodall

01A01-9602-CV-00059
01A01-9602-CV-00059
Trial Court Judge: Muriel Robinson

With Regard To The Defense Asserted In The Motion. Byrd v. Hall, 847 S.W.2D 208,
01A01-9604-CV-00144

01A01-9511-CV-00529
01A01-9511-CV-00529
Trial Court Judge: Hamilton V. Gayden, Jr.

Honorable Hamilton v. Gayden, Jr., Judge
01A01-9604-CV-00144
Trial Court Judge: Hamilton V. Gayden, Jr.

Joyce Jones v. New York Underwriters
03S01-9505-CH-00050
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Richard E. Ladd
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with TENN. CODE ANN. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff alleged injury to her back and neck at work. The trial judge awarded her 15 percent permanent partial disability to the body as a whole. We affirm the judgment of the trial court. Plaintiff was working for at Arcata Graphics on March 17, 1992 when her right index finger was caught in a re-press roller. She tried to jerk her finger out of the roller, fearing her whole hand and arm would be caught, and her supervisor pushed her back from the machine while trying to turn the machine off. She was treated in the emergency room and subsequently referred to Dr. James Phillips, orthopedic surgeon. She received anti-inflammatory medication and underwent physical therapy. Two weeks later she began experiencing increasing pain, "moving up her arm and in her shoulder and neck area," and still later she began having severe headaches on the right side of her head. Dr. Gregory Corradino, a neurologist, began treating plaintiff in late 1993 and performed surgery on her cervical spine. When deposed, Dr. Phillips opined that if plaintiff's finger crush injury were accompanied by a jerking maneuver, it could have caused her disc rupture, and that this possible causal connection would be strengthened if surgery resolved her complaints. Dr. Gregory Corradino found that plaintiff had a herniated cervical disc at C4/5 and performed surgical removal of the disc. W hen asked whether the disc herniation had been caused by plaintiff's jerking her finger out of the press at work, he opined that such motion could cause a disc herniation. Dr. John Marshall, physiatrist, evaluated plaintiff for defendant and treated her for nine months. He opined that although the jerking motion could herniate a disc, he did not think that it had done so in this case. Plaintiff testified that she jerked her head and neck hard to remove her finger from the press. She further said that prior to the injury at Arcata Graphics, she had

03C01-9502-CR-00026Cecil
03C01-9502-CR-00026Cecil
Trial Court Judge: William M. Barker

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

03C01-9508-CC-00218
03C01-9508-CC-00218
Trial Court Judge: Rex Henry Ogle